MD
Maryland Senate Bill SB244

Maryland 2024 Regular Session

Maryland Senate Bill SB244 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 755
21
3-– 1 –
4-Chapter 755
5-(Senate Bill 244)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0244*
89
9-Public Health – Clean Indoor Air Act – Revisions
10+SENATE BILL 244
11+J1 4lr0195
12+ (PRE–FILED) CF HB 238
13+By: Chair, Finance Committee (By Request – Departmental – Health)
14+Requested: September 13, 2023
15+Introduced and read first time: January 10, 2024
16+Assigned to: Finance
17+Committee Report: Favorable with amendments
18+Senate action: Adopted with floor amendments
19+Read second time: February 26, 2024
1020
11-FOR the purpose of prohibiting vaping in certain indoor areas and places of employment
12-and certain mass transportation; requiring that certain signs be posted and
13-maintained in a certain manner in each indoor area open to the public and each
14-public entrance to an indoor area where smoking or vaping is prohibited under the
15-Clean Indoor Air Act; altering the exemption from the Clean Indoor Air Act for
16-certain retail tobacco businesses; requiring the Maryland Department of Health to
17-convene a workgroup to study the issuance of alcoholic beverages licenses to
18-tobacconists; prohibiting a local alcoholic beverages license from being issued to a
19-tobacconist during a certain period of time; and generally relating to the Clean
20-Indoor Air Act.
21+CHAPTER ______
2122
22-BY repealing and reenacting, with amendments,
23- Article – Health – General
24- Section 24–501, 24–504, 24–505, 24–506, and 24–508(c)(2)
25- Annotated Code of Maryland
26- (2023 Replacement Volume)
23+AN ACT concerning 1
2724
28-BY repealing
29- Article – Health – General
30- Section 24–509
31- Annotated Code of Maryland
32- (2023 Replacement Volume)
25+Public Health – Clean Indoor Air Act – Revisions 2
3326
34-BY repealing and reenacting, with amendments,
35- Article – Labor and Employment
36- Section 5–608(b)(1)
37- Annotated Code of Maryland
38- (2016 Replacement Volume and 2023 Supplement)
27+FOR the purpose of prohibiting vaping in certain indoor areas and places of employment 3
28+and certain mass transportation; requiring that certain signs be posted and 4
29+maintained in a certain manner in each indoor area open to the public and each 5
30+public entrance to an indoor area where smoking or vaping is prohibited under the 6
31+Clean Indoor Air Act; altering the exemption from the Clean Indoor Air Act for 7
32+certain retail tobacco businesses; requiring the Maryland Department of Health to 8
33+convene a workgroup to study the issuance of alcoholic beverages licenses to 9
34+tobacconists; prohibiting a local alcoholic beverages license from being issued to a 10
35+tobacconist during a certain period of time; and generally relating to the Clean 11
36+Indoor Air Act. 12
3937
40-BY renumbering
41- Article – Health – General
42-Section 24–510 and 24–511
43-to be Section 24–509 and 24–510, respectively
44- Annotated Code of Maryland
45- (2023 Replacement Volume)
38+BY repealing and reenacting, with amendments, 13
39+ Article – Health – General 14
40+ Section 24–501, 24–504, 24–505, 24–506, and 24–508(c)(2) 15
41+ Annotated Code of Maryland 16
42+ (2023 Replacement Volume) 17
4643
47- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
48-That the Laws of Maryland read as follows:
49- Ch. 755 2024 LAWS OF MARYLAND
44+BY repealing 18
45+ Article – Health – General 19
46+ Section 24–509 20
47+ Annotated Code of Maryland 21
48+ (2023 Replacement Volume) 22 2 SENATE BILL 244
5049
51-– 2 –
52-Article – Health – General
5350
54-24–501.
5551
56- (a) In this subtitle the following words have the meanings indicated.
52+BY repealing and reenacting, with amendments, 1
53+ Article – Labor and Employment 2
54+ Section 5–608(b)(1) 3
55+ Annotated Code of Maryland 4
56+ (2016 Replacement Volume and 2023 Supplement) 5
5757
58- (b) “Cannabis” has the meaning stated in [§ 5–101 of the Criminal Law Article]
59-§ 1–101 OF THE ALCOHOLIC BEVERAGES AND CANNABIS ARTICLE.
58+BY renumbering 6
59+ Article – Health – General 7
60+Section 24–510 and 24–511 8
61+to be Section 24–509 and 24–510, respectively 9
62+ Annotated Code of Maryland 10
63+ (2023 Replacement Volume) 11
6064
61- (C) “ELECTRONIC SMOKING DE VICE” HAS THE MEANING STAT ED IN §
62-16.7–101 OF THE BUSINESS REGULATION ARTICLE.
65+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
66+That the Laws of Maryland read as follows: 13
6367
64- [(c)] (D) “Employee” has the meaning stated in § 5–101 of the Labor and
65-Employment Article.
68+Article – Health – General 14
6669
67- [(d)] (E) “Employer” has the meaning stated in § 5–101 of the Labor and
68-Employment Article.
70+24–501. 15
6971
70- [(e)] (F) “Environmental smoke” means [the]:
72+ (a) In this subtitle the following words have the meanings indicated. 16
7173
72- (1) THE complex mixture formed from the escaping smoke of a burning
73-tobacco, cannabis, or hemp product or smoke exhaled by the smoker; OR
74+ (b) “Cannabis” has the meaning stated in [§ 5–101 of the Criminal Law Article] 17
75+§ 1–101 OF THE ALCOHOLIC BEVERAGES AND CANNABIS ARTICLE. 18
7476
75- (2) THE COMPLEX MIXTURE F ORMED FROM THE ESCAP ING AEROSOL
76-OF AN ELECTRONIC SMO KING DEVICE OR EXHAL ED AS ELECTRONIC SMO KING
77-DEVICE AEROSOL .
77+ (C) “ELECTRONIC SMOKING DE VICE” HAS THE MEANING STAT ED IN § 19
78+16.7–101 OF THE BUSINESS REGULATION ARTICLE. 20
7879
79- (G) “HEMP” HAS THE MEANING STAT ED IN § 14–101 OF THE AGRICULTURE
80-ARTICLE.
80+ [(c)] (D) “Employee” has the meaning stated in § 5–101 of the Labor and 21
81+Employment Article. 22
8182
82- [(f)] (H) “Indoor area open to the public” means:
83+ [(d)] (E) “Employer” has the meaning stated in § 5–101 of the Labor and 23
84+Employment Article. 24
8385
84- (1) An indoor area or a portion of an indoor area accessible to the public by
85-either invitation or permission; or
86+ [(e)] (F) “Environmental smoke” means [the]: 25
8687
87- (2) An indoor area of any establishment licensed or permitted under the
88-Alcoholic Beverages and Cannabis Article for the sale or possession of alcoholic beverages.
88+ (1) THE complex mixture formed from the escaping smoke of a burning 26
89+tobacco, cannabis, or hemp product or smoke exhaled by the smoker; OR 27
8990
90- [(g)] (I) “Place of employment” has the meaning stated in § 5–101 of the Labor
91-and Employment Article.
91+ (2) THE COMPLEX MIXTURE F ORMED FROM THE ESCAPING AE ROSOL 28
92+OF AN ELECTRONIC SMO KING DEVICE OR EXHAL ED AS ELECTRONIC SMO KING 29
93+DEVICE AEROSOL . 30
9294
93- [(h)] (J) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any
94-other matter or substance containing, wholly or in part, tobacco, cannabis, or hemp.
95- WES MOORE, Governor Ch. 755
95+ (G) “HEMP” HAS THE MEANING STAT ED IN § 14–101 OF THE AGRICULTURE 31
96+ARTICLE. 32 SENATE BILL 244 3
9697
97-– 3 –
98- (K) “TOBACCO PRODUCT ” HAS THE MEANING STAT ED IN § 13–1001 OF THIS
99-ARTICLE.
10098
101- (L) “VAPING” MEANS THE USE OF :
10299
103- (1) AN ELECTRONIC SMOKING DEVICE; OR
100+ [(f)] (H) “Indoor area open to the public” means: 1
104101
105- (2) ANY DEVICE THROUGH WH ICH THE USER INHALES AEROSOL
106-CONTAINING HEMP OR CANNABIS TOBACCO, CANNABIS, OR HEMP.
102+ (1) An indoor area or a portion of an indoor area accessible to the public by 2
103+either invitation or permission; or 3
107104
108-24–504.
105+ (2) An indoor area of any establishment licensed or permitted under the 4
106+Alcoholic Beverages and Cannabis Article for the sale or possession of alcoholic beverages. 5
109107
110- Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a
111-person may not smoke OR VAPE in:
108+ [(g)] (I) “Place of employment” has the meaning stated in § 5–101 of the Labor 6
109+and Employment Article. 7
112110
113- (1) An indoor area open to the public;
111+ [(h)] (J) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any 8
112+other matter or substance containing, wholly or in part, tobacco, cannabis, or hemp. 9
114113
115- (2) An indoor place in which meetings are open to the public in accordance
116-with Title 3 of the General Provisions Article;
114+ (K) “TOBACCO PRODUCT ” HAS THE MEANING STAT ED IN § 13–1001 OF THIS 10
115+ARTICLE. 11
117116
118- (3) A government–owned or government–operated means of mass
119-transportation including buses, vans, trains, taxicabs, and limousines; or
117+ (L) “VAPING” MEANS THE USE OF : 12
120118
121- (4) An indoor place of employment.
119+ (1) AN ELECTRONIC SMOKING DEVICE; OR 13
122120
123-24–505.
121+ (2) ANY DEVICE THROUGH WH ICH THE USER INHALES AEROSOL 14
122+CONTAINING HEMP OR CANNABIS TOBACCO, CANNABIS, OR HEMP. 15
124123
125- This subtitle does not apply to:
124+24–504. 16
126125
127- (1) Private homes, residences, including residences used as a business or
128-place of employment, unless being used by a person who is licensed or registered under
129-Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles,
130-unless being used for the public transportation of children, or as part of health care or child
131-care transportation;
126+ Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a 17
127+person may not smoke OR VAPE in: 18
132128
133- (2) A hotel or motel room rented to one or more guests as long as the total
134-percent of hotel or motel rooms being so used does not exceed 25%;
129+ (1) An indoor area open to the public; 19
135130
136- (3) A retail tobacco business that is a sole proprietorship, limited liability
137-company, corporation, partnership, or other enterprise, in which:
131+ (2) An indoor place in which meetings are open to the public in accordance 20
132+with Title 3 of the General Provisions Article; 21
138133
139- (i) The primary activity is the retail sale of tobacco products and
140-accessories; and
134+ (3) A government–owned or government–operated means of mass 22
135+transportation including buses, vans, trains, taxicabs, and limousines; or 23
141136
142- (ii) The sale of other products is incidental;
143- Ch. 755 2024 LAWS OF MARYLAND
137+ (4) An indoor place of employment. 24
144138
145-– 4 –
146- (4) Any facility of a manufacturer, importer, wholesaler, or distributor of
147-tobacco products or of any tobacco leaf dealer or processor in which employees of the
148-manufacturer, importer, wholesaler, distributor, or processor work or congregate; or
139+24–505. 25
149140
150- (5) A research or educational laboratory for the purpose of conducting
151-scientific research into the health effects of [tobacco] ENVIRONMENTAL smoke.
141+ This subtitle does not apply to: 26
152142
153-24–506.
143+ (1) Private homes, residences, including residences used as a business or 27
144+place of employment, unless being used by a person who is licensed or registered under 28 4 SENATE BILL 244
154145
155- (a) Signs that state “Smoking OR VAPING Permitted in This Room” shall be
156-prominently posted and properly maintained where smoking OR VAPING is allowed under
157-§ 24–505(2) of this subtitle.
158146
159- (B) SIGNS THAT STATE “NO SMOKING OR VAPING” SHALL BE
160-CONSPICUOUSLY POSTED AND PROPERLY MAINTAI NED IN EACH INDOOR A REA OPEN
161-TO THE PUBLIC AND EACH PUBLIC EN TRANCE TO AN INDOOR AREA WHERE SMOKING
162-OR VAPING IS PROHIBI TED UNDER THIS SUBTI TLE.
147+Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles, 1
148+unless being used for the public transportation of children, or as part of health care or child 2
149+care transportation; 3
163150
164- [(b)] (C) The signs shall be posted and maintained by the owner, operator,
165-manager, or other person having control of the area.
151+ (2) A hotel or motel room rented to one or more guests as long as the total 4
152+percent of hotel or motel rooms being so used does not exceed 25%; 5
166153
167- [(c)] (D) The letters on the signs shall be at least 1 inch in height.
154+ (3) A retail tobacco business that is a sole proprietorship, limited liability 6
155+company, corporation, partnership, or other enterprise, in which: 7
168156
169-24–508.
157+ (i) The primary activity is the retail sale of tobacco products and 8
158+accessories; and 9
170159
171- (c) (2) It is an affirmative defense to a complaint brought against a person for
172-a violation of a provision of this subtitle or a regulation adopted under this subtitle that the
173-person or an employee of the person:
160+ (ii) The sale of other products is incidental; 10
174161
175- (i) Posted a “No [Smoking”] SMOKING OR VAPING” sign as
176-required under § 24–506 of this subtitle;
162+ (4) Any facility of a manufacturer, importer, wholesaler, or distributor of 11
163+tobacco products or of any tobacco leaf dealer or processor in which employees of the 12
164+manufacturer, importer, wholesaler, distributor, or processor work or congregate; or 13
177165
178- (ii) Removed all ashtrays and other smoking OR VAPING
179-paraphernalia from all areas where smoking is prohibited; and
166+ (5) A research or educational laboratory for the purpose of conducting 14
167+scientific research into the health effects of [tobacco] ENVIRONMENTAL smoke. 15
180168
181- (iii) If the violation occurred in a bar, tavern, or restaurant:
169+24–506. 16
182170
183- 1. Refused to seat or serve any individual who was smoking
184-OR VAPING in a prohibited area; and
171+ (a) Signs that state “Smoking OR VAPING Permitted in This Room” shall be 17
172+prominently posted and properly maintained where smoking OR VAPING is allowed under 18
173+§ 24–505(2) of this subtitle. 19
185174
186- 2. If the individual continued to smoke OR VAPE after an
187-initial warning, asked the individual to leave the establishment.
175+ (B) SIGNS THAT STATE “NO SMOKING OR VAPING” SHALL BE 20
176+CONSPICUOUSLY POSTED AND PROPERLY M AINTAINED IN EACH IN DOOR AREA OPEN 21
177+TO THE PUBLIC AND EA CH PUBLIC ENTRANCE T O AN INDOOR AREA WHE RE SMOKING 22
178+OR VAPING IS PROHIBI TED UNDER THIS SUBTI TLE. 23
188179
189-[24–509.
190- WES MOORE, Governor Ch. 755
180+ [(b)] (C) The signs shall be posted and maintained by the owner, operator, 24
181+manager, or other person having control of the area. 25
191182
192-– 5 –
193- (a) Within 90 days from the receipt of an application for a waiver and the date
194-that all conditions for the application for a waiver required in the regulations adopted by
195-the Secretary have been satisfied, the health officer of a county may grant a waiver from
196-the application of a specific provision of this subtitle, if prior to the granting of the waiver,
197-the applicant for a waiver establishes in writing:
183+ [(c)] (D) The letters on the signs shall be at least 1 inch in height. 26
198184
199- (1) Compliance with a specific provision of this subtitle would cause undue
200-financial hardship; or
185+24–508. 27
201186
202- (2) The existence of other factors that would render compliance
203-unreasonable.
187+ (c) (2) It is an affirmative defense to a complaint brought against a person for 28
188+a violation of a provision of this subtitle or a regulation adopted under this subtitle that the 29
189+person or an employee of the person: 30
204190
205- (b) The Secretary may impose conditions or restrictions on a waiver granted
206-under subsection (a) of this section to:
191+ (i) Posted a “No [Smoking”] SMOKING OR VAPING” sign as 31
192+required under § 24–506 of this subtitle; 32 SENATE BILL 244 5
207193
208- (1) Minimize the adverse effects of the waiver on individuals involuntarily
209-exposed to secondhand smoke; and
210194
211- (2) Ensure that the waiver is consistent with the purposes of this subtitle.
212195
213- (c) The Secretary shall adopt regulations necessary to implement this section.
196+ (ii) Removed all ashtrays and other smoking OR VAPING 1
197+paraphernalia from all areas where smoking is prohibited; and 2
214198
215- (d) (1) A waiver may not be granted under subsection (a) of this section on or
216-after January 31, 2011.
199+ (iii) If the violation occurred in a bar, tavern, or restaurant: 3
217200
218- (2) A waiver granted under subsection (a) of this section terminates on
219-January 31, 2011.]
201+ 1. Refused to seat or serve any individual who was smoking 4
202+OR VAPING in a prohibited area; and 5
220203
221-Article – Labor and Employment
204+ 2. If the individual continued to smoke OR VAPE after an 6
205+initial warning, asked the individual to leave the establishment. 7
222206
223-5–608.
207+[24–509. 8
224208
225- (b) (1) The Department shall adopt regulations that prohibit environmental
226-[tobacco] smoke, as defined in § 24–501 of the Health – General Article, in indoor places of
227-employment not normally open to the general public.
209+ (a) Within 90 days from the receipt of an application for a waiver and the date 9
210+that all conditions for the application for a waiver required in the regulations adopted by 10
211+the Secretary have been satisfied, the health officer of a county may grant a waiver from 11
212+the application of a specific provision of this subtitle, if prior to the granting of the waiver, 12
213+the applicant for a waiver establishes in writing: 13
228214
229- SECTION 2. AND BE IT FURTHER ENACTED, That:
215+ (1) Compliance with a specific provision of this subtitle would cause undue 14
216+financial hardship; or 15
230217
231-(a) The Maryland Department of Health shall convene a workgroup to study the
232-issuance of alcoholic beverages licenses to tobacconists.
218+ (2) The existence of other factors that would render compliance 16
219+unreasonable. 17
233220
234-(b) The workgroup shall include:
221+ (b) The Secretary may impose conditions or restrictions on a waiver granted 18
222+under subsection (a) of this section to: 19
235223
236- (1) two Senators designated by the President of the Senate;
224+ (1) Minimize the adverse effects of the waiver on individuals involuntarily 20
225+exposed to secondhand smoke; and 21
237226
238- (2) two Delegates designated by the Speaker of the House; Ch. 755 2024 LAWS OF MARYLAND
227+ (2) Ensure that the waiver is consistent with the purposes of this subtitle. 22
239228
240-– 6 –
229+ (c) The Secretary shall adopt regulations necessary to implement this section. 23
241230
242- (3) one representative from the Alcohol, Tobacco, and Cannabis
243-Commission;
231+ (d) (1) A waiver may not be granted under subsection (a) of this section on or 24
232+after January 31, 2011. 25
244233
245- (4) one representative from the Maryland Department of Health; and
234+ (2) A waiver granted under subsection (a) of this section terminates on 26
235+January 31, 2011.] 27
246236
247- (5) one representative from a cigar retailers trade association.
237+Article – Labor and Employment 28
248238
249- (c) On or before July 1, 2025, the workgroup shall report its findings and
250-recommendations to the General Assembly in accordance with § 2–1257 of the State
251-Government Article.
239+5–608. 29
240+ 6 SENATE BILL 244
252241
253- SECTION 3. AND BE IT FURTHER ENACTED, That a local alcoholic beverages
254-license may not be issued to a tobacconist from July 1, 2024, to July 1, 2026, both inclusive.
255242
256- SECTION 2. 4. AND BE IT FURTHER ENACTED, That Section(s) 24 –510 and
257-24–511 of Article – Health – General of the Annotated Code of Maryland be renumbered to
258-be Section(s) 24–509 and 24–510, respectively.
243+ (b) (1) The Department shall adopt regulations that prohibit environmental 1
244+[tobacco] smoke, as defined in § 24–501 of the Health – General Article, in indoor places of 2
245+employment not normally open to the general public. 3
259246
260- SECTION 3. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect
261-July 1, 2024.
247+ SECTION 2. AND BE IT FURTHER ENACTED, That: 4
262248
263-Approved by the Governor, May 16, 2024.
249+(a) The Maryland Department of Health shall convene a workgroup to study the 5
250+issuance of alcoholic beverages licenses to tobacconists. 6
251+
252+(b) The workgroup shall include: 7
253+
254+ (1) two Senators designated by the President of the Senate; 8
255+
256+ (2) two Delegates designated by the Speaker of the House; 9
257+
258+ (3) one representative from the Alcohol, Tobacco, and Cannabis 10
259+Commission; 11
260+
261+ (4) one representative from the Maryland Department of Health; and 12
262+
263+ (5) one representative from a cigar retailers trade association. 13
264+
265+ (c) On or before July 1, 2025, the workgroup shall report its findings and 14
266+recommendations to the General Assembly in accordance with § 2–1257 of the State 15
267+Government Article. 16
268+
269+ SECTION 3. AND BE IT FURTHER ENACTED, That a local alcoholic beverages 17
270+license may not be issued to a tobacconist from July 1, 2024, to July 1, 2026, both inclusive. 18
271+
272+ SECTION 2. 4. AND BE IT FURTHER ENACTED, That Section(s) 24 –510 and 19
273+24–511 of Article – Health – General of the Annotated Code of Maryland be renumbered to 20
274+be Section(s) 24–509 and 24–510, respectively. 21
275+
276+ SECTION 3. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
277+July 1, 2024. 23
278+